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Articles 1 - 24 of 24
Full-Text Articles in Entire DC Network
On-Line Computer Databases And Cd-Roms Are Not The Electronic Equivalent Of Microfilm: Tasini V. New York Times Co., Electronic Revisions, And Individual Contributions To Collective Works Under The Copyright Act Of 1976, Patrick J. O'Connor
Georgia State University Law Review
No abstract provided.
Lacuny Executive Council Meeting Minutes, September 1998, Lacuny
Lacuny Executive Council Meeting Minutes, September 1998, Lacuny
Meeting Minutes
No abstract provided.
From George Carlin To Matt Drudge: The Constitutional Implications Of Bringing The Paparazzi To America , Lyle Denniston
From George Carlin To Matt Drudge: The Constitutional Implications Of Bringing The Paparazzi To America , Lyle Denniston
American University Law Review
No abstract provided.
Amending The Constitution, Erwen Chemerinsky
Amending The Constitution, Erwen Chemerinsky
Michigan Law Review
The ultimate measure of a constitution is how it balances entrenchment and change. On the one hand, a constitution differs from all other laws in that it is much more difficult to revise. For example, the next session of Congress can amend or repeal a statute, but altering the U.S. Constitution requires a complex process involving supermajorities of both houses of Congress and the states. A constitution thus reflects a desire to place a society's core values of governance - such as the structure of government and the rights of individuals - in a document that is hard to revise. …
Process, The Constitution, And Substantive Criminal Law, Louis D. Bilionis
Process, The Constitution, And Substantive Criminal Law, Louis D. Bilionis
Michigan Law Review
Criminal law scholars have pined for a substantive constitutional criminal law ever since Henry Hart and Herbert Packer first embraced the notion in the late 1950s and early 1960s. To this day, scholars continue to search for a theory fhat giv:es content to, in Hart's words, "the unmistakable indications that the Constitution means something definite and spμiething serious when it speaks of 'crime.'" To their dismay, the Supreme Court has - with two exceptions - seemingly resisted the notion. The two exceptions are familiar. First came the 1957 case of Lambert v. California, in which the Court came as close …
Faith And Practice: A Book Of Christian Discipline 1998, George Fox University Archives
Faith And Practice: A Book Of Christian Discipline 1998, George Fox University Archives
Faith and Practice
Faith and Practice: A Book of Christian Discipline, Northwest Yearly Meeting of Friends 1998. Publication of the Northwest Yearly Meeting of Friends.
Federalising The Aborigines? Constitutional Reform In The Late 1920s, Fiona Paisley
Federalising The Aborigines? Constitutional Reform In The Late 1920s, Fiona Paisley
Aboriginal Policy Research Consortium International (APRCi)
This paper considers arguments in favour of federal responsibility for indigenous affairs provided to the 1927-29 Royal Commission on the Constitution. Various humanitarian organisations, including women's groups, argued that the future of the Aborigines in Australia was a matter of national importance and was above state and federal politics. Constitutional acknowledgement of Aboriginal Australians as the original owners of the land would mark Australia's progress as a modern nation
A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko
A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko
Faculty Publications
Public reaction to the 1823 Supreme Court decision in Green v. Biddle prompted John Marshall’s letter to Henry Clay, who had argued the case as amicus curiae for the defendant. The letter is significant because Marshall, who had been a legislator himself, candidly expresses not only his personal dissatisfaction with the congressional assault on the 1823 decision but also the constitutional basis for his opinion. The significance of Marshall’s extrajudicial opinion becomes more apparent when it is considered in the aftermath of the recent tug-of-war between Congress and the Court which culminated in the decision in City of Boerne v. …
The Constitutionalization Of Law In The United States, William B. Fisch, Richard S. Kay
The Constitutionalization Of Law In The United States, William B. Fisch, Richard S. Kay
Faculty Publications
The constitution is that the federal courts and a majority of state court systems will only entertain a constitutional claim in the context of a concrete dispute involving adversary parties with a specific stake in the outcome, and abstract review in these systems is unknown.
Unlimited And Limited Liability In The Commercial Code Of Ethiopia, Michael P. Porter
Unlimited And Limited Liability In The Commercial Code Of Ethiopia, Michael P. Porter
ILSA Journal of International & Comparative Law
The conventional wisdom of those conversant with the law of personal liability of owners of a business is that sole proprietors and general partners always have unlimited liability for the debts of a business which they own.
The Federal System As Bill Of Rights: Original Understandings, Modern Misreadings, Thomas B. Mcaffee
The Federal System As Bill Of Rights: Original Understandings, Modern Misreadings, Thomas B. Mcaffee
Scholarly Works
In the modern era, we have almost completely lost track of the relationship that the Framers of the United States Constitution perceived between the structure of our federal system and the protection of popular rights. At least two obvious components of this confusion persist. First, as we have come to think of rights almost exclusively in terms of the claims of individuals against the government, we have lost the ability to hear the Framers' voices referring to rights held by the people in their collective capacity, including the rights of the people within each of the sovereign states to be …
Ua12/11/1 Constitution, Wku University Center Board
Ua12/11/1 Constitution, Wku University Center Board
WKU Archives Records
WKU University Center Board constitution as revised 1998.
Humane Society: Good Guys Or Gestapo?, R. David Dljulio
Humane Society: Good Guys Or Gestapo?, R. David Dljulio
Proceedings of the Eighteenth Vertebrate Pest Conference (1998)
Humane Societies and Societies for the Prevention of Cruelty to Animals perform important functions for the state, the counties, the community, and the public in protecting animal rights and enforcing state animal laws. Their staffs are hardworking and well meaning, but are not trained in police work. As the Societies have the right to conduct searches, seize property, make arrests, and use deadly force, they are required by the Constitution to perform such functions only after they have shown probable cause to a neutral party and obtained a warrant. Their failure to obtain warrants before performing such intrusive functions violates …
Et Tu Judge Bork Will Solipsism Destroy Conservative Ideology?, Sol Wachtler, David S. Gould
Et Tu Judge Bork Will Solipsism Destroy Conservative Ideology?, Sol Wachtler, David S. Gould
Touro Law Review
No abstract provided.
The Declaration Of Independence In Constitutional Interpretation: A Selective History And Analysis, Charles H. Cosgrove
The Declaration Of Independence In Constitutional Interpretation: A Selective History And Analysis, Charles H. Cosgrove
University of Richmond Law Review
In 1845, antislavery constitutionalist Lysander Spooner argued that the Declaration of Independence was originally a legal constitution with a direct bearing on how one ought to interpret the status of slavery under the Constitution of 1787. In 1889, the congressional act establishing the states of North Dakota, South Dakota, Montana, and Washington required that their state constitutions "not be repugnant to the Constitution of the United States and the Declaration of Independence," as if the two documents were of a piece. In 1995, attorney Christopher Darden argued to the jury in the O.J. Simpson criminal trial that slain victims Nicole …
Human Rights In Sudan In The Wake Of The New Constitution, Ghazi Suleimanr, Curtis Francis Doebble
Human Rights In Sudan In The Wake Of The New Constitution, Ghazi Suleimanr, Curtis Francis Doebble
Human Rights Brief
No abstract provided.
Constitutional Fidelity And The Commerce Clause: A Reply To Professor Ackerman, Elizabeth Price Foley, Elizabeth C. Price
Constitutional Fidelity And The Commerce Clause: A Reply To Professor Ackerman, Elizabeth Price Foley, Elizabeth C. Price
Faculty Publications
Can the Constitution be legitimately, albeit implicitly, amended by the Supreme Court? The possibility of implicit constitutional amendment - most forcefully advocated by Professor Bruce Ackerman as "transformative" Supreme Court decisions - has been articulated to justify, legitimate, and entrench various radical reinterpretations of the Constitution, most notably the New Deal Court's vast expansion of the power to regulate commerce. The article concludes that such implicit constitutional amendments are theoretically illegitimate and provide strong disincentives for "We the People" to become politically active in order to "correct" flaws in the original Constitution or interpretations thereof that are deemed no longer …
United States Supreme Court: 1998 Term, Paul C. Giannelli
United States Supreme Court: 1998 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Aboriginal Title And The Division Of Powers: Rethinking Federal And Provincial Jurisdiction, Kent Mcneil
Aboriginal Title And The Division Of Powers: Rethinking Federal And Provincial Jurisdiction, Kent Mcneil
Articles & Book Chapters
The recent decision of the Supreme Court of Canada in Delgamuukw v. British Columbia calls for re-examination of a number of significant Aboriginal rights issues. The crucial role of oral histories in Aboriginal rights litigation was emphasized by the Court, and guidelines were laid down for trial judges to admit and give proper weight to that evidence. For the first time the Court addressed the vital issue of the content of Aboriginal title and provided direction on how that title can be proved.The Court also dealt with the constitutional protection accorded to Aboriginal title by s. 35(1) of the Constitution …
Which Constitution? Eleven Years Of Gunwall In Washington State, Hugh D. Spitzer
Which Constitution? Eleven Years Of Gunwall In Washington State, Hugh D. Spitzer
Seattle University Law Review
This Article studies the problem of choosing constitutions-particularly the choice between applying the national Bill of Rights or a state constitution's declaration of rights. Many others have presented arguments for and against the independent application of a state's rights guarantees' or have classified and analyzed the various theories of state constitutionalism in the shadow of the United States Supreme Court. This examination focuses on practice rather than theory: specifically, how the Washington State Supreme Court has applied its formal doctrine on the role of the State's Declaration of Rights' and how that court has characterized and applied six criteria it …
Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout
Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout
Faculty Scholarship
The Offenses Clause of the United States Constitution gives Congress the authority to "define and punish... Offences against the Law of Nations." This Note considers whether Congress must conform to the jurisdictional rules of customary international law when legislating pursuant to the Offenses Clause.
Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn
Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn
Scholarly Works
No abstract provided.
Unenumerated Constitutional Rights And Unenumerated Biblical Obligations: A Preliminary Study In Comparative Hermeneutics, Samuel J. Levine
Unenumerated Constitutional Rights And Unenumerated Biblical Obligations: A Preliminary Study In Comparative Hermeneutics, Samuel J. Levine
Scholarly Works
In his 1986 Yale Law Journal article, Robert Cover wrote of an explosion of legal scholarship placing interpretation at the crux of the enterprise of law. As part of the continuing emphasis on hermeneutics in constitutional interpretation, a body of literature has emerged comparing constitutional textual analysis to Biblical hermeneutics. This scholarship has been based on the recognition that, like the Constitution, the Bible functions as an authoritative legal text that must be interpreted in order to serve as the foundation for a living community. Levine looks at a basic hermeneutic device common to both Biblical and constitutional interpretation, the …
Protecting Basic Rights Of Citizens, Ellen Catsman Freidin, Ann C. Mcginley
Protecting Basic Rights Of Citizens, Ellen Catsman Freidin, Ann C. Mcginley
Scholarly Works
Revision 9 suggests three important changes to the basic rights provision of the Florida Constitution. First, it would add “female and male alike” to define “natural persons who are equal before the law.” This change expressly recognizes equality of the sexes. Second, it would prohibit the government from depriving a person of any right because of the person’s national origin. Finally, the revision prohibits the government from depriving a person of any right because of “physical disability,” replacing the currently existing protection for “physical handicap.”